A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In North Dakota, a spouse seeking a divorce must adhere to the state's residency requirements. According to North Dakota Century Code (NDCC) 14-05-17, at least one of the spouses must have been a resident of North Dakota for 180 days immediately prior to the commencement of the divorce action. The divorce should be filed in the county where either spouse resides. If the spouses have minor children, North Dakota law requires that the best interests of the children be considered in determining issues of custody and visitation. The specific statutes governing divorce, including residency requirements and provisions for cases involving children, can be found in the North Dakota Century Code, particularly within the chapters dealing with domestic relations and family law.